Legal issues after acquiring French nationality from Indian nationality

#1 Feb 13th, 2018, 23:20
Join Date:
Feb 2018
Location:
INDIA
Posts:
2
  • mariagrace is offline
#1
Hi,

I was born in India. I am living in India since my birth, did my schooling and college.I acquired Indian passport in 2011 for the purpose of getting employed.
My mother is French by birth and my father is Indian by birth. I used Indian passport for travelling during this period. In November 2017 I acquired French passport through my mother. After this period I did not use Indian passport.
I went to Regional Passport Office to surrender my Indian passport since India does not allow dual citizenship. The passport office there told us that we are holding dual citizen ship and forwarded our documents to police to take action.
Until then we have been following up with the comissioner office but there is no proper response and everytime we see them they are saying that we have done criminal offence and they are seeking legal advise. It's been more than 60 days now and I am not able to live with my husband who is overseas.

Can anyone advise us if what we have done is wrong according the the Indian law?
Appreciate all your responses.
#2 Feb 14th, 2018, 00:09
Join Date:
Feb 2018
Location:
INDIA
Posts:
2
  • mariagrace is offline
#2
Hi all,

Please consider below as updated post.


I was born in India. I am living in India since my birth, did my schooling and college.I acquired Indian passport in 2011 and used it only in 2016 after I got married.
My mother is French by birth and my father is Indian by birth. I also hold Indian birth certificate. In November 2017 I acquired French passport through my mother. After this period I did not use Indian passport.
I went to Regional Passport Office to surrender my Indian passport since India does not allow dual citizenship. The passport office there told us that we are holding dual citizen ship and forwarded our documents to police to take action before and did not issue surrender certificate. They quoted Section 12(1A) of Indian Passport act in the letter sent to Police
"
It is mandatory for Indian passport holders to surrender their passports to the nearest Indian Mission/Post immediately after acquisition of foreign nationality. Since the misuse of Indian passports constitute offences under Section 12(1A) of the Passport Act 1967, which states :
“whoever, not being a citizen of India -

(a) makes an application for a passport or obtain a passport by suppressing information about his nationality, or
(b) holds a forged passport or any travel document shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees", "


Until then we have been following up with the commissioner office but there is no proper response and every-time we see them they are saying that we have done criminal offence and they are seeking legal advise. It's been more than 60 days now and I am not able to live with my husband who is overseas.

Can anyone advise us if what we have done is wrong according the the Indian law?
Appreciate all your responses.
#3 Feb 14th, 2018, 00:12
Join Date:
Dec 2006
Location:
SLC
Posts:
1,719
  • kmalik is offline
#3
I believe that with the acquisition the French citizenship in Nov 2017, you forfeited the Indian citizenship. As such, your legal status might be that of a French citizen staying in India without any visa, etc.

You definitely need a good lawyer. You'd - at a minimum - need to regularize your status - get a visa for any time in India, apply for OCI, etc.
#4 Feb 14th, 2018, 07:45
Join Date:
Aug 2006
Location:
Homeless
Posts:
19,325
  • nycank is offline
#4
Quote:
Originally Posted by mariagrace View Post I went to Regional Passport Office to surrender my Indian passport since India does not allow dual citizenship.
When did you go to surrender ? Clearly you have violated the Indian Citizenship laws. You must have signed a declaration while applying for the Indian passport, that you do not have another citizenship blah blah blah.... you cannot claim ignorance !

For Indian nationals, who acquire foreign citizenship, there used to be a grace period of 90 days before surrendering one's passport. I do not know if it applied to those who live outside India, or both !

Search Indian NIC and GOV sites, or use the wayback machines.

Sorry I gotta pack, I have a plane to catch ! cannot go do your searching 恭祝健康、幸运,新年快乐。 ( Good health, good luck and much happiness throughout the year. )
#5 Feb 14th, 2018, 09:05
Join Date:
Dec 2006
Location:
SLC
Posts:
1,719
  • kmalik is offline
#5
To be clear - I am not qualified to advise you. A lawyer would be a good idea.

I do not think Nycank looked at the dates in your message in his quick review. At the time you applied for the Indian passport - you did not make any false statement as you were not a citizen of France at the time. You have not utilized the passport since becoming a citizen of France. So, I do not see any issue with all that. You should have surrendered the passport, of course, but there might be a grace period.

You must surrender your Indian passport and obtain a surrender certificate, unless a lawyer advises you otherwise -
you are better off doing it as soon as possible.
http://passportindia.gov.in/AppOnlin...e/faqSurrender

You might also need to leave India and return on a French passport and visa. You definitely need to also visit the French consulate and get their help in the matter. After all, they are your new home consulate.

I definitely see violations and you will face some penalties. But, I hope it will work out OK.

All the best!
#6 Feb 14th, 2018, 16:45
Learning... from others' experiences!
Join Date:
Sep 2011
Location:
India
Posts:
12,891
  • Prakaant is offline
#6
Maria, you should provide some more information so that it could be easier to understand your case.

Please let us know, had you uploaded surrender form and taken appointment before proceeding to.meet the RPO.
#7 Feb 15th, 2018, 12:43
Join Date:
Aug 2006
Location:
Homeless
Posts:
19,325
  • nycank is offline
#7
Quote:
Originally Posted by kmalik View Post To be clear - I am not qualified to advise you. A lawyer would be a good idea.

I do not think Nycank looked at the dates in your message in his quick review. At the time you applied for the Indian passport - you did not make any false statement as you were not a citizen of France at the time. You have not utilized the passport since becoming a citizen of France. So, I do not see any issue with all that. You should have surrendered the passport, of course, but there might be a grace period.

You must surrender your Indian passport and obtain a surrender certificate, unless a lawyer advises you otherwise -
you are better off doing it as soon as possible.
http://passportindia.gov.in/AppOnlin...e/faqSurrender

You might also need to leave India and return on a French passport and visa. You definitely need to also visit the French consulate and get their help in the matter. After all, they are your new home consulate.

I definitely see violations and you will face some penalties. But, I hope it will work out OK.

All the best!
You are right ! I was in a rush to leave town ! I should have paid more attention to, and thought it through !

Sorry !

OP has to go grovel, and beg forgiveness with the FRO, and as plan B, get an honest lawyer who is savvy with Citizenship law.

Posting Rules

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
Forum Rules»
Trackbacks are Off
Pingbacks are Off
Refbacks are Off
Thread Tools
Display Modes

Search Engine Optimization by vBSEO 3.3.2
© IndiaMike.com 2018
Page Load Success